Content uploaded by Alejandra Diaz Gude
Author content
All content in this area was uploaded by Alejandra Diaz Gude on Jul 20, 2015
Content may be subject to copyright.
ABSTRACT
This thesis explores the implications of restorative justice for the
development of juvenile justice in Chile, through a comparative analysis
between four principal restorative justice traditions and practices
illustrative of these traditions. It undertakes both, a theoretical analysis of
these traditions, as well as an empirical assessment of practices that are
illustrative of them, through the ‘case study’ method. The key traditions
that have been selected for this analysis are: the Christian tradition
developed primarily in North America through the work of The Mennonite
Central Committee during the 1970s; the Communitarian and Republican
tradition born in Australia through the theoretical work of John
Braithwaite, and in New Zealand through the adaptation of local
indigenous practices into the formal criminal justice system; the English
Hybrid tradition which selects elements from other restorative justice
traditions and/or models, and; the continental European tradition, which
draws, among others, on the Abolitionist criminological perspective and on
the restorative justice experiences within English speaking countries. After
approaching the meaning of restorative justice through these traditions and
their respective practices, this thesis explores the Chilean socio-legal
tradition, with the aim of identifying elements that could impact upon the
emergence of restorative justice therein. It follows an assessment of the key
features of its juvenile justice system and debates, considering the recent
trends for reforming the juvenile justice system in Chile. Finally, it makes
specific policy suggestions for an eventual implementation of restorative
justice for juveniles in Chile.